Goodricke v Comcare

[2018] FCA 873

FEDERAL COURT OF AUSTRALIA

Goodricke v Comcare [2018] FCA 873

Appeal from:

Goodricke and Comcare (Compensation)
[2017] AATA 1249

File number:

ACD 64 of 2017

Judge:

FLICK J

Date of judgment:

13 June 2018

Catchwords:

PRACTICE AND PROCEDURE – security for costs – where Applicant failed to pay security for costs – whether proceeding should be dismissed

Legislation:

Safety, Rehabilitation and Compensation Act1988 (Cth)

Cases cited:

Giddings v Australian Information Commissioner [2017] FCAFC 225

Goodricke and Comcare (Compensation) [2017] AATA 1249

Goodricke v Comcare [2011] FCA 694, (2011) 122 ALD 546

Goodricke v Comcare [2015] FCCA 506

Goodricke v Comcare (No 2) [2015] FCA 1401

Re JRL; Ex parte CJL (1986) 161 CLR 342

Date of hearing:

27 March 2018

Registry:

Australian Capital Territory

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

Catchwords

Number of paragraphs:

21

Counsel for the Applicant:

The Applicant appeared in person by telephone

Counsel for the Respondent:

Mr B Dube of Sparke Helmore

Solicitor for the Respondent:

Australian Government Solicitor

ORDERS

ACD 64 of 2017

BETWEEN:

PETER GOODRICKE

Applicant

AND:

COMCARE

Respondent

JUDGE:	FLICK J
DATE OF ORDER:	13 JUNE 2018

THE COURT ORDERS THAT:

1.The time by which the Applicant is required to provide security for costs in the sum of $15,000 as previously ordered on 28 November 2017 is extended until 4.00pm on 27 June 2018.

2.In the event that security for costs is not provided as required by Order 1, the proceeding is dismissed.

3.The Applicant is to pay the costs of the Respondent.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

1. The present proceeding has its origins in a determination made by Comcare in March 2015 that the Applicant, Mr Peter Goodricke, was not entitled to compensation pursuant to the Safety, Rehabilitation and Compensation Act1988 (Cth). That adverse determination was affirmed by the Administrative Appeals Tribunal in July 2017: Goodricke and Comcare (Compensation) [2017] AATA 1249.

2. In August 2017, Mr Goodricke filed in this Court a Notice of Appeal.  In November 2017, Comcare filed an Interlocutory Application seeking an order that security for costs be provided together with an order that the hearing of the appeal be stayed until the security was paid or dismissed in the event that security was not provided.

3. An order was made on 28 November 2017 that security be provided by 8 February 2018.  Security was not provided.

4. Comcare now seeks the alternative order previously sought in November 2017 that the proceeding be dismissed.

5. The hearing of that Interlocutory Application proceeded before this Court on 27 March 2018.  At the outset of that hearing Mr Goodricke sought an order that the hearing proceed before a different Judge by reason of an apprehension of bias.  That application was then rejected.  Mr Goodricke then proceeded to oppose the making of an order dismissing his proceeding.

6. Those two issues should be briefly addressed.

7. The application for…